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Surgeon’s Liability and Claims against the Surgeon
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| Submitted: Thu Jul 11 2002
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UNIVERSITY OF SUSSEX SCHOOL OF LEGAL STUDIES Tort 2001/2001 Non-Assessed Coursework Essay Surgeon's Liability and Claims against the Surgeon "[T]he patient's broad consent to being operated on is effective to protect the surgeon from an action in battery. If the surgeon makes an error leading to the failure of the operation, the claimants complaint is not that he was operated on against his will but that the outcome of the operation was detrimental to him" What is implied from the above statement is that a patient who gives "broad" consent to an operation will have no cause of action in battery against the surgeon. What then of the surgeon who performs additional procedures without the consent of the patient1, or whilst the patient mentally ill and lacks capacity to give consent2 or he is forced to operate whilst the patient is unconscious following a road traffic accident?3 All these situations would seem to indicate...
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